Linda Reynolds’ defamation proceedings against Brittany Higgins and her fiancé David Sharaz failed to reach a settlement on their first day of mediation, raising the likelihood they will go to trial.
The Liberal senator had a mediation session with the couple in the WA Supreme Court on Tuesday to try and resolve the disputes.
Yet, after nine hours of talks, the parties failed to reach an agreement.
There will be a strategic conference on Wednesday at 2.30pm and a trial is expected to take place in July, and it could take as long as six weeks.
Linda Reynolds left the court with her lawyer Martin Bennett and her partner Robert Reid.
‘Long day,’ she told waiting media.
‘It’s still ongoing so it’s not appropriate for me to comment on it yet.’
Linda Reynolds (pictured with her partner and lawyer arriving at WA Supreme Court on Tuesday) told waiting media it had been a ‘long day’
Brittany Higgins is pictured walking into court on Tuesday morning in a cornflower blue dress, alongside her lawyer Leon Zwier
Ms Higgins donned $1300 a cornflower blue ‘Ahana Dress’ with long sleeves and a belt, while her fiancé sported a $200 Ralph Lauren silk knit tie and cream blazer as they swanned into the building before Ms Reynolds’ arrival on Tuesday morning.
Ms Higgins told media that Perth was ‘beautiful’, but a difficult place to return to. Last time she was with Senator Reynolds in Perth was in 2019, weeks after her alleged rape, when she was a member of the then-minister’s staff.
However, outside court on Tuesday Ms Higgins said that she believes ‘everyone’s acting in good faith’.
The mediation talks went on so long that security guards had left and turned the revolving doors off by the time all parties left the court.
The mediation session was held after Judge Marcus Solomon urged the parties to resolve the issue before going to trial, citing immense costs that are often associated with defamation proceedings.
Ms Reynolds’ defamation case centres on social media posts fired off by Ms Higgins and Mr Sharaz.
Linda Reynolds is pictured with Brittany Higgins in Perth in 2019
She claims the posts imply that she pressured Ms Higgins not to proceed with a police complaint regarding the alleged rape, and that she interfered with Bruce Lehrmann’s trial.
Ms Higgins is also accused of breaching a non-disparagement clause in a settlement contract she entered in 2021 that prevents her from speaking negatively about Ms Reynolds.
Ms Reynolds has also suing Mr Sharaz separately for allegedly defaming her in five social media posts, which were allegedly ‘falsely defamatory’ and caused her ‘loss and damage’.
The senator is seeking aggravated damages, an injunction to stop Ms Higgins from publishing allegedly defamatory material, and another injunction to stop her from breaching the settlement contract.
The senator first threatened legal action in July last year, claiming she has been the target of ‘unwarranted criticism and abuse’ since Ms Higgins went public with her rape allegations in 2021.
Ms Higgins and Mr Sharaz permanently relocated to France at the end of last year, having bought a house near Bordeaux.
They had no plans to return to Australia, but they were required to attend court in Perth on Tuesday and Wednesday.
It comes just months after Ms Reynolds sought to freeze Ms Higgins’ assets.
More to come.
